Appeals

A petition seeking judicial review of decisions made by “any agency, board, department, district, commission, authority, commissioner, official, the Maryland Tax Court, or other unit of the State or of a political subdivision of the State and the Client Protection Fund of the Bar of Maryland” may be filed with the Court (Maryland Rule 7-201 (b)).

You must include the following in the caption of your Petition:

• Your name and address,
• Name and address of the agency whose decision(s) you are seeking a Petition of Judicial Review, and
• Agency proceeding, including the case number.

In the main body of the Petition, you must explicitly request judicial review, identify the order or action of which review is sought, and state whether you were a party to the agency proceeding. No other statements or allegations are necessary.

Make a copy of the Petition for each agency named and provide it to the Clerk of the Court when you file your Petition. Also make one copy for your records.

Yes, generally, you or your attorney must file a Petition for Judicial Review of an agency decision or action within 30 days after the decision or action in question was made, the notice of the order or action was sent (if the agency is required by law to send such a notice to you), or the day you received the notice of action or decision (if the law stipulates that you must receive such a notice).

The filing party will receive a written notice from the agency named in the caption, indicating the receipt of the Petition.

Within 60 days after the agency receives the first Petition for Judicial Review, the agency must provide the original or a certified copy of the proceedings, such as the transcript of testimony, exhibits, and other papers filed in the agency proceeding. If the testimony has been recorded but not transcribed before the filing of the Petition for Judicial Review, the filing party may be required to pay for the transcription. Upon the filing of the record, the Clerk of the Court will notify the filing party of the receipt of the record. A date for Administrative Appeal hearing will be scheduled upon the filing of the record.

Per Maryland Rule 7-207, within 30 days after the clerk sends notice of the filing of the record, a petitioner shall file a memorandum setting forth a concise statement of the questions presented for review, a statement of facts material to those questions, and arguments on each question, including citations of authority and references to pages of the record on which exhibits relied.

Within 30 days after service of the memorandum, any person who has filed a response, including the agency when entitled by law to be a party to the action, may file an answering memorandum in similar form. The petitioner may file a reply memorandum within 15 days after service of an answering memorandum. Except with the permission of the court, a memorandum shall not exceed 35 pages.

In an action involving more than one petitioner or responding party, any petitioner or responding party may adopt by reference any part of the memorandum of another.

If a petitioner fails to file a memorandum within the time prescribed by this Rule, the court may dismiss the action if it finds that the failure to file or the late filing caused prejudice to the moving party. A person who has filed a response but who fails to file an answering memorandum within the time prescribed by this Rule may not present arguments except with the permission of the court.

Based on the facts provided by the parties and agency, the Court may dismiss the action for judicial review; or may affirm, reverse, or modify the agency’s order, remand the action to the agency for further proceedings; or a combination of these.

Before filing a Petition for Judicial Review of a decision by the Workers’ Compensation Commission, you or your attorney must serve a copy of the Petition on the Commission and each party of record in the proceeding by first class mail. You or your attorney must also file a Certificate of Service when the Petition is filed with the Court. Memoranda are not required for a Petition seeking Judicial Review of a decision made by the Workers’ Compensation Commission.

Maryland Rules 7-201 through 210 (Chapter 200. Judicial Review of Administrative Agency Decisions) cover Judicial Review of administrative agency decisions. Maryland State Rules and Codes are available online from Maryland State Law Library.